HB 0523 2004
1	A bill to be entitled
2	An act relating to video voyeurism; creating s. 810.145,
3	F.S.; providing definitions; prohibiting a person from
4	secretly viewing, recording, or broadcasting images of
5	another person for the purpose of entertainment, sexual
6	arousal, profit, or abuse when that other person is in a
7	location that provides a reasonable expectation of
8	privacy; prohibiting a person from secretly viewing,
9	recording, or broadcasting images of another person under
10	or through that other person's clothing for the purpose of
11	viewing that other person's body or undergarments without
12	consent of the person viewed; prohibiting a person from
13	disseminating images when the person disseminating the
14	images knows that the images were recorded in violation of
15	law; prohibiting a person from selling images to another
16	for consideration when the person selling the images knows
17	that the images were recorded in violation of law;
18	prohibiting a person from disseminating images that were
19	recorded in violation of law to another person for that
20	person to sell the images to others; providing for certain
21	exceptions; providing criminal penalties; defining a
22	previous conviction or adjudication of delinquency;
23	amending s. 932.701, F.S.; defining the term "contraband
24	article" to include any imaging equipment, format, or
25	device used in violation of law; amending s. 932.7055,
26	F.S.; requiring agencies seizing images of persons
27	recorded in violation of law to destroy the images;
28	providing that the seizing agency may not retain or sell
29	the images; amending s. 932.707, F.S.; conforming a cross
30	reference; reenacting ss. 705.101(6) and 932.703(4), F.S.,
31	relating to definitions of unclaimed evidence and
32	contraband article and the seizure of a vessel, motor
33	vehicle, aircraft, other personal property, or real
34	property in or on which a contraband article is located,
35	to incorporate the amendment to s. 932.701, F.S., in
36	references thereto; providing an effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1. Section 810.145, Florida Statutes, is created
41	to read:
42	810.145 Video voyeurism.--
43	(1) As used in this section, the term:
44	(a) "Broadcast" means electronically transmitting a visual
45	image with the intent that it be viewed by another person.
46	(b) "Imaging device" means any mechanical, digital, or
47	electronic viewing device, still camera, camcorder, motion
48	picture camera, or any other instrument, equipment, or format
49	capable of recording, storing, or transmitting visual images of
50	another person.
51	(c) "Place and time when a person has a reasonable
52	expectation of privacy" means a place and time when a reasonable
53	person would believe that he or she could fully disrobe in
54	privacy, without being concerned that his or her undressing was
55	being viewed, recorded, or broadcasted by another, including,
56	but not limited to, the interior of a bathroom, changing room,
57	fitting room, dressing room, or tanning booth.
58	(d) "Privately exposing the body" means exposing an
59	intimate part of the body, as described in s. 800.03, which is
60	not exposed to public view.
61	(2) A person commits the offense of video voyeurism if
62	that person:
63	(a) For his or her own amusement, entertainment, sexual
64	arousal, gratification, or profit, or for the purpose of
65	degrading or abusing another person, intentionally uses or
66	installs an imaging device to secretly view, broadcast, or
67	record a person, without that person's knowledge or consent, who
68	is dressing, undressing, or privately exposing the body, at a
69	place and time when that person has a reasonable expectation of
70	privacy;
71	(b) For the amusement, entertainment, sexual arousal,
72	gratification, or profit of another, or on behalf of another,
73	intentionally permits the use or installation of an imaging
74	device to secretly view, broadcast, or record a person, without
75	that person's knowledge or consent, who is dressing, undressing,
76	or privately exposing the body, at a place and time when that
77	person has a reasonable expectation of privacy; or
78	(c) For the amusement, entertainment, sexual arousal,
79	gratification, or profit of oneself or another, or on behalf of
80	oneself or another, intentionally uses an imaging device to
81	secretly view, broadcast, or record under or through the
82	clothing being worn by another person, without that person's
83	knowledge or consent, for the purpose of viewing the body of, or
84	the undergarments worn by, that person.
85	(3) A person commits the offense of video voyeurism
86	dissemination if that person, knowing that an image was created
87	in violation of this section, intentionally disseminates,
88	distributes, or transfers the image to another person.
89	(4) A person commits the offense of commercial video
90	voyeurism dissemination if that person:
91	(a) Knowing that an image was created in violation of this
92	section, sells the image for consideration to another person; or
93	(b) Having created the image in violation of this section,
94	disseminates, distributes, or transfers the image to another
95	person for that person to sell the image to others.
96	(5) Except for the dissemination, distribution, or
97	transfer of images unrelated to the purpose of security, law
98	enforcement, or surveillance, this section does not apply to
99	any:
100	(a) Law enforcement agency conducting surveillance for a
101	law enforcement purpose;
102	(b) Security system when a written notice is conspicuously
103	posted on the premises stating that a video surveillance system
104	has been installed for the purpose of security for the premises;
105	or
106	(c) Video surveillance device that is installed and
107	operated in such a manner that the presence of the device is
108	clearly and immediately obvious.
109	(6) A person who violates this section commits a
110	misdemeanor of the first degree for the first violation,
111	punishable as provided in s. 775.082 or s. 775.083.
112	(7) A person who violates this section and who has
113	previously been convicted of or adjudicated delinquent for any
114	violation of this section two or more times commits a felony of
115	the third degree, punishable as provided in s. 775.082, s.
116	775.083, or s. 775.084.
117	(8) For purposes of this section, a person has previously
118	been convicted of or adjudicated delinquent for a violation of
119	this section if the violation resulted in a conviction that was
120	sentenced separately, or an adjudication of delinquency entered
121	separately, prior to the current offense.
122	Section 2. Paragraph (a) of subsection (2) of section
123	932.701, Florida Statutes, is amended to read:
124	932.701 Short title; definitions.--
125	(2) As used in the Florida Contraband Forfeiture Act:
126	(a) "Contraband article" means:
127	1. Any controlled substance as defined in chapter 893 or
128	any substance, device, paraphernalia, or currency or other means
129	of exchange that was used, was attempted to be used, or was
130	intended to be used in violation of any provision of chapter
131	893, if the totality of the facts presented by the state is
132	clearly sufficient to meet the state's burden of establishing
133	probable cause to believe that a nexus exists between the
134	article seized and the narcotics activity, whether or not the
135	use of the contraband article can be traced to a specific
136	narcotics transaction.
137	2. Any gambling paraphernalia, lottery tickets, money,
138	currency, or other means of exchange which was used, was
139	attempted, or intended to be used in violation of the gambling
140	laws of the state.
141	3. Any equipment, liquid or solid, which was being used,
142	is being used, was attempted to be used, or intended to be used
143	in violation of the beverage or tobacco laws of the state.
144	4. Any motor fuel upon which the motor fuel tax has not
145	been paid as required by law.
146	5. Any personal property, including, but not limited to,
147	any vessel, aircraft, item, object, tool, substance, device,
148	weapon, machine, vehicle of any kind, money, securities, books,
149	records, research, negotiable instruments, or currency, which
150	was used or was attempted to be used as an instrumentality in
151	the commission of, or in aiding or abetting in the commission
152	of, any felony, whether or not comprising an element of the
153	felony, or which is acquired by proceeds obtained as a result of
154	a violation of the Florida Contraband Forfeiture Act.
155	6. Any real property, including any right, title,
156	leasehold, or other interest in the whole of any lot or tract of
157	land, which was used, is being used, or was attempted to be used
158	as an instrumentality in the commission of, or in aiding or
159	abetting in the commission of, any felony, or which is acquired
160	by proceeds obtained as a result of a violation of the Florida
161	Contraband Forfeiture Act.
162	7. Any personal property, including, but not limited to,
163	equipment, money, securities, books, records, research,
164	negotiable instruments, currency, or any vessel, aircraft, item,
165	object, tool, substance, device, weapon, machine, or vehicle of
166	any kind in the possession of or belonging to any person who
167	takes aquaculture products in violation of s. 812.014(2)(c).
168	8. Any motor vehicle offered for sale in violation of s.
169	320.28.
170	9. Any motor vehicle used during the course of committing
171	an offense in violation of s. 322.34(9)(a).
172	10. Any personal property, including, but not limited to,
173	any imaging device, as defined in s. 810.145, photograph, film,
174	or other recorded image, including an image recorded on
175	videotape, compact disc, digital tape, or fixed disk, recorded
176	in violation of s. 810.145.
177	Section 3. Present subsections (2) through (8) of section
178	932.7055, Florida Statutes, are renumbered as subsections (3)
179	through (9), respectively, and a new subsection (2) is added to
180	said section, to read:
181	932.7055 Disposition of liens and forfeited property.--
182	(2) Notwithstanding subsection (1), a seizing agency must
183	destroy any image and the medium on which the image is recorded,
184	including, but not limited to, a photograph, film, or other
185	recorded image, including an image recorded on videotape,
186	compact disc, digital tape, or fixed disk, recorded in violation
187	of s. 810.145. The agency may not sell or retain any image.
188	Section 4. Section 932.707, Florida Statutes, is amended
189	to read:
190	932.707 Penalty for noncompliance with reporting
191	requirements.--Any seizing agency that whichfails to comply
192	with the reporting requirements as described in s.
193	932.7055(9)(a) s. 932.7055(8)(a),is subject to a civil fine of
194	$5,000 payable to the General Revenue Fund. However, such agency
195	will not be subject to the fine if, within 60 days after of
196	receipt of written notification from the Department of Law
197	Enforcement of the noncompliance with the reporting requirements
198	of the Florida Contraband Forfeiture Act, the agency
199	substantially complies with those saidrequirements. The
200	Department of Law Enforcement shall submit any substantial
201	noncompliance to the Office of the Chief Financial Officer,
202	which shall be responsible for the enforcement of this section.
203	Section 5. For the purpose of incorporating the amendment
204	to section 932.701, Florida Statutes, in a reference thereto,
205	subsection (6) of section 705.101, Florida Statutes, is
206	reenacted to read:
207	705.101 Definitions.--As used in this chapter:
208	(6) "Unclaimed evidence" means any tangible personal
209	property, including cash, not included within the definition of
210	"contraband article," as provided in s. 932.701(2), which was
211	seized by a law enforcement agency, was intended for use in a
212	criminal or quasi-criminal proceeding, and is retained by the
213	law enforcement agency or the clerk of the county or circuit
214	court for 60 days after the final disposition of the proceeding
215	and to which no claim of ownership has been made.
216	Section 6. For the purpose of incorporating the amendment
217	to section 932.701, Florida Statutes, in references thereto,
218	subsection (4) of section 932.703, Florida Statutes, is
219	reenacted to read:
220	932.703 Forfeiture of contraband article; exceptions.--
221	(4) In any incident in which possession of any contraband
222	article defined in s. 932.701(2)(a) constitutes a felony, the
223	vessel, motor vehicle, aircraft, other personal property, or
224	real property in or on which such contraband article is located
225	at the time of seizure shall be contraband subject to
226	forfeiture. It shall be presumed in the manner provided in s.
227	90.302(2) that the vessel, motor vehicle, aircraft, other
228	personal property, or real property in which or on which such
229	contraband article is located at the time of seizure is being
230	used or was attempted or intended to be used in a manner to
231	facilitate the transportation, carriage, conveyance,
232	concealment, receipt, possession, purchase, sale, barter,
233	exchange, or giving away of a contraband article defined in s.
234	932.701(2).
235	Section 7. This act shall take effect July 1, 2004.